Ask any parent what the most significant relationship is in his or her life, and most will respond with the unique and unbreakable bond he or she has with a child. The parent-child relationship is supremely complex and at times difficult, but few parents would trade the experience for anything else. This strong connection explains in large part why child custody decisions and disputes are so prominent and emotional in family law cases.

Any time a couple with children faces a divorce, separation, or paternity case, the possibility for conflict over child custody exists. Sometimes, the parents can agree on how to handle this issue, but more commonly they cannot, and the court must step in and make the decision for them. Some parents, though, refuse to accept a judge’s decision and make the unfortunate choice to take a child in violation of the custody order. As recently reported in the news, police believe a mother in the Indianapolis area took her 17-month-old child after the father was granted temporary custody. Given what is at stake, it is important for parents to know how courts decide child custody. An overview of this process will follow below.

Best Interests of the Child

As a starting point, the law on child custody does not include a preference in favor of either parent, but directs that all child custody should be driven by the best interests of the child. Determining what the best interests of the child are requires the judge to consider a number of factors, including:

• The age and sex of the child;
• The wishes of the child’s parents;
• The wishes of the child, particularly if the child is over the age of 14;
• The interaction and relationship of the child with the parents and siblings;
• The child’s adjustment to home, school, and community;
• The physical and mental health of the parents and child;
• Evidence of domestic violence; and
• Evidence the child was cared for by a de facto custodian (non-parent).

Note that custody involves physical and legal parental authority, and a court can divide these responsibilities as needed. Specifically, legal custody consists of the authority to make important life decisions on behalf of the child, such as education and medical care. Physical custody refers to the time the child physically spends with each parent. Each type of custody can be shared or granted to one parent. Typically, one sees parents sharing legal custody, but just one parent holding primary physical custody and the other given visitation or parenting time.

Joint Legal Custody

When courts consider whether joint custody is in a child’s best interest, there are additional factors a judge must take into account. One issue, while not dispositive but given great weight, is whether the parents agree that joint custody is a desirable arrangement. Beyond this point, the court will look at the following factors to aid in making this decision:

• The fitness and suitability of each parent;
• Whether the parents can communicate and cooperate in the interest of the child’s welfare;
• The wishes of the child, with more weight given to children over 14;
• Whether the child has a close and healthy relationship with both parents;
• Whether the parents live in close proximity to each other; and
• The physical and emotional environment of each parent’s home.

Get Help

Fighting over the custody of your child is a stressful situation that can leave parents feeling helpless and overwhelmed. Choosing to work to with a family law attorney can help reduce this anxiety, and increase the likelihood of obtaining the result that is best for you and your child. If you live in the Indianapolis area, Christopher Arrington represents clients in all matters related family law, and he can help guide you through the legal system. Contact him to schedule an appointment.